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Property Occupations Act 2014
sec.256Effect of previous refusals of applications
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### sec.256 Effect of previous refusals of applications
This section applies to a person who made an application for a licence or registration certificate under PAMDA that was refused before the commencement.
The person can not make an application for a licence or registration under the Motor Dealers and Chattel Auctioneers Act, Debt Collectors Act or this Act—
for 3 months after the day the chief executive gave the person an information notice for the refusal under PAMDA; or
if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.
This section does not apply to a person if—
the person is a corporation; and
the person satisfies the chief executive that, because of a genuine sale—
no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and
no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
(sec.256-ssec.1) This section applies to a person who made an application for a licence or registration certificate under PAMDA that was refused before the commencement.
(sec.256-ssec.2) The person can not make an application for a licence or registration under the Motor Dealers and Chattel Auctioneers Act, Debt Collectors Act or this Act— for 3 months after the day the chief executive gave the person an information notice for the refusal under PAMDA; or if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.
(sec.256-ssec.3) This section does not apply to a person if— the person is a corporation; and the person satisfies the chief executive that, because of a genuine sale— no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
- (a) for 3 months after the day the chief executive gave the person an information notice for the refusal under PAMDA; or
- (b) if the applicant applies to QCAT to review the chief executive’s decision and the decision is confirmed—for 3 months after the day the decision is confirmed.
- (a) the person is a corporation; and
- (b) the person satisfies the chief executive that, because of a genuine sale— (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
- (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and
- (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.
- (i) no person who was a shareholder of, or held a beneficial interest in, the corporation when the refused application was made is a shareholder of, or holds a beneficial interest in, the corporation; and
- (ii) no person who was in a position to control or influence the affairs of the corporation when the refused application was made is in a position to control or influence the affairs of the corporation.